In this article, Florencia Heredia at Allende & Brea explores recent developments in the Argentinian lithium market and the significant issues that must be considered for future regulation of the sector.

Who’s Who Legal brings together Oscar Benavides at Rodrigo Elías & Medrano Abogados, Darrell Podowski at Cassels Brock & Blackwell and Casper Herler at Borenius Attorneys to discuss recent developments in the international mining space including the recovery of commodity prices, key client issues and the relationship between the natural resources sector and politics.

Rafael Vergara at Carey Abogados explores the many issues currently facing the Latin American mining industry, including environmental concerns, community relationships, indigenous rights and regulatory developments.

Who’s Who Legal brings together Pablo Mir of Bofill Mir & Alvarez Jana Abogados, Geoff Simpson of Allen & Overy LLP and Florencia Heredia of Holt Abogados to discuss the impact of falling mineral prices, adapting to client constraints in the current market, alternative sources of financing and the legal challenges posed by an increased focus on environmental issues.

Analysis: Mining

In our latest edition of WWL: Mining, we feature 434 of the top mining practitioners in the world, across 61 different countries and 229law firms. Those included in this edition have been selected for their excellence in a broad range of mining matters, including financing, environmental regulation, exploration projects, royalty agreements and indigenisation issues.

Our inaugural chapter investigating mining experts sees 24 individuals highlighted for their outstanding work in the field. Those nominated for inclusion include accountants, engineers, geologists and economists; they provide advice and testimony for clients across a broad range of issues.

It hardly needs to be said that the fortunes of the mining industry are intrinsically linked to the rise and fall of commodity prices. As such, the year has been a tale of two halves for mining projects and legal practitioners. Commodity prices began the year strongly, with indices indicating average increases in value across for most metals. However, around July of this year, the majority of commodities slumped. This has had significant consequences for the establishment of new mining projects, project finance opportunities and therefore legal practice around the world. It has not all been bad news, however. Nickel and lithium mining projects in Latin America have fared well, driven by the industrial scale production of car batteries for electric vehicles. Among the other trends that practitioners were keen to tell us about in this year’s research is “streaming”, which has become even more ubiquitous as a project finance mechanism in the mining industry.

Who’s Who Legal: Mining 2018 sees 434 pre-eminent mining lawyers from 231 law firms worldwide highlighted for their expertise in the field. The individuals included in this edition are the leading lights in the mining market, boasting proficiency across a range of specialisations, from dirt law and exploration to M&A and corporate financing.

The practitioners highlighted this year are spread across 61 jurisdictions, with those based in North America demonstrating a particularly strong presence. Global law firm Norton Rose Fulbright remains the leading firm in the mining sector according to our research, with 17 top-tier practitioners from five continents recognised. International business and litigation firm Fasken is another heavyweight in the mining sector, dominating our listings in Canada as well as achieving multiple nominations in England and South Africa. Multinational firm Gowling WLG also ranks highly this year, along with ENSafrica, which achieves listings in South Africa, Namibia and Mauritius.

Having been brought to its knees by the crippling slump in commodities prices and a global drop in demand, the mining industry is finally starting to regain ground. For the past five years, mining companies around the world have been striving to slash debt and increase investor confidence, gradually reviving the market in the process. Through strategic restructurings and distressed transactions, mining houses have battled for survival. At last, commodities prices have rebounded in the past year, leading to renewed vigour in the market. With mining companies finally able to move forward, practitioners we spoke to have noticed a shift in the market, with an increase in financing and M&A transactions signalling that better times lie ahead.

As commodity prices struggle to recover, the mining industry remains flat. With fewer financings and new projects, lawyers have seen the bulk of their work come from restructurings of existing projects. But new avenues are opening up for those who are willing to take risks – there is a consensus opinion within the legal community that there are plenty of options available to grease the wheels in an atmosphere of low growth. Law firms and mining companies alike are looking to pursue new routes that mean they don’t have to wait for the markets to pick up before they can make headway once again.

The well-publicised crisis faced by the mining industry has had a tangible effect on the practices of the lawyers who support it. A prolonged fall in community prices, weakening global demand and economic uncertainty in China has put huge financial pressure on the industry. Mining houses have been pushed into cost reduction, improving capital management and restructuring their debt. This has meant a serious decline in new project finance, capital markets and M&A work, which has been replaced by a surge of corporate restructurings and distressed transactions.

This year’s Mining publication comprises a total of 408 practitioners from 228 firms in 65 countries who are considered leaders in this field of law.

In this section, we have highlighted 10 firms who have performed notably well on both an international and a domestic scale. Norton Rose Fulbright stands out for its comprehensive network, while Baker & McKenzie also impresses with strength and depth: its lawyers earn recognition in seven countries. The eight featured lawyers from Fasken Martineau DuMoulin all scored extremely highly. A number of other firms also make an impression, including Cassels Brock & Blackwell in the Canadian market; Holland & Hart in the US; ENSafrica in the African market; and Clayton Utz, followed by Allens, in Australia.

We also select the most highly regarded individuals in the world, including the 10 best lawyers in Latin America and North America, as well as further practitioners that stand out beyond the American continent.

Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.